Non-consideration of reply given pursuant to GST DRC-01A notice ...

Assessee's reply to pre-notice communication not mandatory; dismissing writ plea against pending GST proceedings.

September 21, 2024

Case Laws GST HC

Non-consideration of reply given pursuant to GST DRC-01A notice violates principles of natural justice. Rule 142(1A) merely allows proper officer discretion to issue communication, not adjudicate submissions. Right of assessee arises only after show cause notice u/r 142(1)(a) with hearing opportunity. Affording hearing at different stages not contemplated by legislature. Taxing statutes strictly construed without implying equity or hardship considerations. Since only communication issued, no grounds to entertain writ petition filed to stall pending proceedings. Writ petition dismissed.

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Non-consideration of reply given pursuant to GST DRC-01A notice ...

Assessee's reply to pre-notice communication not mandatory; dismissing writ plea against pending GST proceedings.

September 21, 2024

Case Laws GST HC

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